DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia Limited T/A CHEP Australia
(AG2019/785)

CHEP DERRIMUT (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER JOHNS	SYDNEY, 30 APRIL 2019

Application for approval of the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by CHEP Australia Limited T/A CHEP Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers (NUW) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHEP Australia Limited, trading as CHEP Australia, applied to the Fair Work Commission for approval of the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2018. The application was made under section 231 of the Fair Work Act 2009, with the Fair Work (Registered Organisations) Amendment Act 2019 coming into effect during the hearing. The dispute centred on whether the agreement met the legal requirements for registration, including whether the agreement covered employees in the appropriate bargaining unit and whether the agreement had been fairly made.

The Commission examined whether the agreement was genuinely negotiated and whether the agreement provided for proper representation and adequate information. The applicant argued that the agreement had been made in good faith and was fairly negotiated. The respondents, who were represented by the Transport Workers Union, raised concerns about the fairness of the agreement and the process by which it was negotiated. The Commission assessed the evidence presented, including the negotiation process, the fairness of the terms, and whether the agreement met the statutory criteria.

The Commission concluded that the agreement was fairly made and met all the statutory requirements for registration. The Commission found that the negotiation process was genuine and that the terms of the agreement were fair and reasonable. The Commission also noted that the agreement provided for proper representation and adequate information. The Commission approved the agreement, finding that it complied with all the necessary legal requirements.

The Fair Work Commission approved the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2018, confirming that it met the statutory criteria for registration. The Commission found that the agreement had been genuinely negotiated and fairly made, and that it provided for proper representation and adequate information. The Commission's decision was based on a thorough examination of the evidence and the applicable legal standards.

CHEP Australia Limited T/A CHEP Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established